Life-Threatening Heat at the Workplace
In July 2020, Belinda Ramones experienced a life-altering day. Her brother, Jose Leandro-Barrera, was rushed to the hospital. The news arrived from a coworker at the Davey Tree Expert Co., a Florida landscaping business. Tragically, Leandro-Barrera died two days later reportedly due to acute kidney failure brought on by a severe heatstroke. In his final moments, he had been suffering from signs of heat exhaustion.
Scenes like this illustrate the grim reality of occupational dangers related to extreme heat. Workers, especially those dealing with the outdoors, face high risks in scorching summers exacerbated by climate change.
OSHA Responds but is it enough?
The Occupational Safety and Health Administration (OSHA) investigated Leandro-Barrera’s case, subsequently fining his employer adeeply concerning sum of $9,639. Despite this, the lack of national regulations on heat-related illnesses makes it ultimately challenging for the OSHA to safeguard workers in such situations, as shared by a Department of Labor spokesperson.
Climate Change and Occupational Health: A Deadly Combo
Rising summer temperatures due to climate change have taken a toll on laborers, indicating that worker deaths are not just incidental. Experts insist that employers have the potential to save lives through measures such as providing sufficient water and recreational breaks, and allowing new workers to adjust to the extreme heat.
Existing statistics suggest around 480 average annual worker deaths from heat exposure. However, the OSHA considers this a considerable underestimation since heat stress often goes unnoticed in medical records. The advocacy organization Public Citizen projects the annual heat-related deaths to be around 2,000 US workers.
Biden’s Attempt to Protect Workers
In 2021, President Joe Biden initiated national rules aimed at shielding an estimated 36 million workers prone to extreme heat exposure. This proposed legislation faced a crucial deadline on December 30, 2021, marking the end of its public comment period.
Future of Heat Regulations: Uncertain
Despite Biden’s efforts, the proposal’s fate remains uncertain. If Vice President Kamala Harris succeeds Biden, she may progress these heat regulations, similar to her previous actions in California. Conversely, if Donald Trump were to return to power, the heat rules will likely get shelved as Republicans traditionally oppose workplace safety regulations for their associated business costs.
Proposed Rules and Their Implementation
The proposed rules hold employers accountable to provide ample drinking water, and spaces for shade or air conditioning during heat waves. Breaks would become obligatory for employees when the temperature surpasses 80 degrees. At temperatures exceeding 90 degrees, paid 15-minute breaks every two hours would come into effect.
New employees would also get time to acclimate, and protocols must be put in place for rapid medical attention.
Difficulties in Ensuring Safety
While these rules appear promising, their execution poses challenges. Fear of employer retaliation adds to the difficulty in ensuring occupational safety. Farmworkers on H-2A visas, who depend on their employers for living essentials, are particularly vulnerable under such circumstances.
Roadblocks in the Passage of Heat Policies
Several industry groups and Republican lawmakers have criticized the standard as unnecessary. Critics argue that it will burden employers with additional costs. However, a UCLA analysis counters this, suggesting that a national heat standard would save money considering heat-related injuries come with expenses, including medical charges, lost wages, and disability claims.
Lastly, the pushback from Republican-led states coupled with some legal tussles can potentially hinder the enforcement of this federal standard. Nevertheless, for workers like Leandro-Barrera, these rules may be a life-saving change, bringing a sigh of hope amidst increasingly risky work environments.